The principle that federal indictments are determined by the independent judgment of the justice system, rather than by political figures, remains a cornerstone of American democracy. This tenet underscores the separation of powers and safeguards the Department of Justice (DOJ) from partisan influence in its prosecutorial decisions.
The U.S. Attorney General, as the chief law enforcement officer, and federal prosecutors are tasked with making charging decisions based on evidence and the law, free from external pressure. This independence is crucial to maintaining public trust in the legal system and ensuring that justice is applied fairly and impartially.
Throughout American history, guidelines and norms have been established to insulate the prosecutorial function from political interference. These traditions dictate that neither a sitting president nor a former president should direct who is investigated or indicted. Such decisions are the purview of career prosecutors, overseen by the Attorney General, who are bound by professional ethics and legal standards.
Legal scholars and former government officials frequently emphasize the importance of this separation. “The integrity of our justice system depends on the principle that political considerations do not factor into prosecutorial decisions,” stated a former Department of Justice official. “Allowing any political figure, regardless of their past or present office, to dictate who faces charges would fundamentally undermine the rule of law and erode public confidence.”
The Department of Justice’s mission is to ensure fair and impartial administration of justice for all Americans. This mission is predicated on its ability to operate independently, focusing solely on facts, evidence, and legal statutes when determining whether to pursue criminal charges.
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